I signed a lease and made a deposit to lease a condo on Friday on the advise of the real estate agent. The condo would not be ready to move in for at least 15 days and the HOA for the association has not yet approved my tenancy. Given my situation, needing to have a place sooner than this 15 days, I was able to locate a different home. I advised the real estate agent first thing Monday morning requesting the application withdrawn and return the deposit. I am now being told that the lease was signed and there may not be the possibility of cancelling. I have not had a walk-thru of this unit and have not been approved by the HOA. I am unclear on how the Florida "cooling off period" laws apply to residential leases.
There is no "cooling off" period in FL contracts or do-overs. If you signed the actual lease as did the landlord (not just a contract to sign a lease later), you may be bound by it now and lose the deposit. You should NEVER EVER sign a lease until the association approves you to begin with unless the lease says it's void if you cannot get approved and you get your deposit back; otherwise you just signed a binding contract to make 12 rent payments. You will need an attorney to review the lease and any other docs you signed to see if there is a way out.
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Sorry, there is no "cooling off" period for lease agreements in the state of Florida. If it really is a "lease" (not an "Agreement to Lease") you need to read it over, and if you do not understand it's terms, have a good local real estate attorney guide you through. At that point you can determine your options. You need to see the lease that the "agent" (do NOT take advice from real estate agents!) has told you was signed - to be sure the LL signed it BEFORE to notified the agent you wanted to withdraw the offer to lease. And of course there's always the chance you may not be approved. But beyond that you may be stuck, and need a good lawyer to minimize the damage.
Hope this helps.
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There is no "cooling off period". By the facts you presented, you executed a lease and may be bound by it. If the HOA declines your approval the lease may not be legally binding but you may have no control over that approval. I would strongly suggest you take a copy of your lease to a local attorney to get advise as to what your legal options are. If you do not wish to consult with an attorney (not recommended) you may reach out to the landlord as he may be sympathetic with your situation and may agree to some amicable solution.
They don't. This is the risk of making legal agreements without legal advice. I have no doubt this was NOT done on the advice of a real estate agent, as the real estate agent has no interest in you needing a place sooner than 15 days and keep looking, and YOU were clearly making some poor legal assumptions about getting out of the deal. You don't get to waste a LL time and use them at thier expense to the hedge the bet you find some place else to live. It was a poor ploy on your part and if they approved everything, you are now likely legally contracted to lease than condo unless the HOA without your interference rejects your application on its own.Hopefully you have not signed two leases as you could find yourself in a serious bind.
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